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P. VADAMALAI
S. Manimaran – Appellant
Versus
S. Murali – Respondent
JUDGMENT :
P. VADAMALAI, J.
Prayer: This Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 23.11.2017 made in A.S. No. 32 of 2017 on the file of the Additional District Judge (Fast Track Court), Kumbakonam, confirming the judgment and decree dated 19.04.2017 made in O.S. No. 136 of 2015 on the file of the Additional Subordinate Judge, Kumbakonam.
1. This Second Appeal is preferred against the judgment and decree dated 23.11.2017 made in A.S. No. 32 of 2017 on the file of the learned Additional District Judge (Fast Track Court), Kumbakonam confirming the judgment and decree dated 19.04.2017 passed in O.S. No. 136 of 2015 on the file of the learned Additional Sub Judge, Kumbakonam.
2. The appellant is the plaintiff and the respondents are the defendants in O.S. No. 136 of 2015 on the file of the Additional Sub Court, Kumbakonam. The appellant/plaintiff filed the suit for partition and permanent injunction in respect of the suit property.
3. For the sake of convenience, the parties are referred as plaintiff and defendants as arrayed in O.S. No. 136 of 2015 on the file of the Additional Sub Court, Kumbakonam.
4. Case of the plaintiff:
The validity of a Will can be upheld despite procedural omissions if supported by sufficient evidence, and a partition suit may be dismissed if barred by limitation.
The father of the coparceners had no right to bequeath ancestral property via Will. Wills are invalid unless proven in accordance with statutory requirements.
The propounder of a Will must prove its execution and attestation in accordance with law, and any suspicious circumstances surrounding the Will must be dispelled for it to be considered valid.
A registered Will has presumptive validity unless evidence demonstrates its invalidity, and execution shortly before death does not necessarily indicate suspicious circumstances.
Point of law : Section 68 only envisages the examination of one among the two attestors to establish the execution of Will.
The burden of proof for the genuineness of a will lies with the propounder, and a will may still be valid even if it lacks a signature on every page, provided it meets statutory requirements.
The burden of proof for the execution of a Will lies with the propounder, who must establish compliance with statutory requirements, including the testimony of attesting witnesses.
The mere presence of the beneficiary at the time of the execution of the Will, by itself, would not be a factor to hold that the Will in question is shrouded with suspicious circumstances and the fir....
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